Terms Used In Montana Code > Title 2 > Chapter 12 > Part 1 - State Measurement for Accountable,Responsive, and Transparent Government (SMART) Act

• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Alternative procurement method: means a method of procuring supplies or services in a manner not specifically described in this chapter, but instead authorized by the department under 18-4-302. See Montana Code 18-4-301
• American-made: means either a product made exclusively within the United States or a value-added product consisting of a product that contains 50% or more of materials from the United States. See Montana Code 18-4-301
• Annual performance report: means a written annual review and assessment of the outcomes and outputs of a department as compared to its established annual plan and performance measures. See Montana Code 2-12-103
• Annual plan: means a written plan prepared to guide the ongoing and proposed activities of a department by setting out initiatives, aspirational goals, outcomes, and outputs that the department intends to accomplish, and performance measures to facilitate program evaluations. See Montana Code 2-12-103
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Contract: A legal written agreement that becomes binding when signed.
• Cooperative purchasing: means procurement conducted by or on behalf of more than one public procurement unit. See Montana Code 18-4-401
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of administration. See Montana Code 18-5-101
• Department: means each entity listed in 2-15-104(1)(a) through (1)(p), the office of the secretary of state, the office of the state auditor, and the office of public instruction. See Montana Code 2-12-103
• Established catalog price: means the price included in a catalog, price list, schedule, or other form that:

  (a)is regularly maintained by a manufacturer or contractor;

  (b)is either published or otherwise available for inspection by customers; and

  (c)states prices at which sales are currently or were last made to a significant number of any category of buyers or buyers constituting the general buying public for the supplies or services involved. See Montana Code 18-4-301

• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Initiative: means a specific goal, objective, or target related to a performance measure that is adopted by a department. See Montana Code 2-12-103
• Invitation for bids: means all documents, whether attached or incorporated by reference, used for soliciting bids. See Montana Code 18-4-301
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Outcomes: means a quantification of the public benefit for Montanans derived from actions by a department. See Montana Code 2-12-103
• Outputs: means a quantification of the number of services that a department produces for Montanans. See Montana Code 2-12-103
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Performance measure: means a metric or measurement that is designed to help guide government by assessing what a department aspires to achieve pursuant to its annual plan with respect to the outcomes and outputs of its programs. See Montana Code 2-12-103
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Personal property: All property that is not real property.
• Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
• Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: means real and personal property. See Montana Code 1-1-205
• Public procurement unit: means a local or state public procurement unit of this or any other state, including an agency of the United States, or a tribal procurement unit. See Montana Code 18-4-401
• Purchase description: means the words used in a solicitation to describe the supplies or services to be purchased and includes specifications attached to or made a part of the solicitation. See Montana Code 18-4-301
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
• Request for proposals: means all documents, whether attached or incorporated by reference, used for soliciting proposals. See Montana Code 18-4-301
• Responsible: means the capability in all respects to perform fully the contract requirements and the integrity and reliability that will ensure good faith performance. See Montana Code 18-4-301
• Responsive: means conforms in all material respects to the invitation for bids or request for proposals. See Montana Code 18-4-301
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• State public procurement unit: means a state department, agency, or official that expends public funds for the procurement of supplies and services. See Montana Code 18-4-401
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Tribal procurement unit: means a tribal government, tribal entity, or official of a tribal government located in Montana that expends tribal funds or funds administered by a tribe for the procurement of supplies and services to the extent provided by tribal or federal law. See Montana Code 18-4-401
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• work activity center: means a nonprofit corporation incorporated under the laws of the state for the purpose of providing vocational services to persons with disabilities, in whole or in part, that:

  (a)holds a current certificate issued by the United States department of labor for either one or all of the following:

  (i)evaluation or training;

  (ii)a regular work program; or

  (iii)a work activity center;

  (b)complies with other applicable occupational, health, and safety standards of local, state, and federal governments governing the operation of the facility not otherwise included in this part;

  (c)in the manufacture of products and in the provision of service, whether or not the product or service is procured under this part, employs and trains persons with disabilities for not less than 75% of the hours of direct labor required for the manufacture of products or the provision of service; and

  (d)is referred to as a "facility". See Montana Code 18-5-101

• Writing: includes printing. See Montana Code 1-1-203